Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-06
AN ARMISTICE.
usprRsrAEDrxe BRrwxEs TIE AT.
ToREEY.eEHERAL AND
MR.. RoYALL.
Pending Decision Of the United States
snpreme Court Something Of q
Truce Proclaimed.

On yesterday an understanding was
arrived at between Mr.. William L.
Royal and Acknowledgement Ayers
whereby il was agreed that pending the
appeal to the Supreme Court of the
United States from the Judgment OF
Judge Bond in the habcas-corpus
cases, no further action would be taken
in the prosecutions against persons who
have heretofore rendered coupons IN
payment Of license.taxes and after
wards pursued their business without
license, and no further arrests would be
made in such cases
Mr.. ROYALS CONCESSIONS.
On the part of Mr.. Royal it WIS
agreed that, 80 far rs he and his agents
could control the tender OF coupons for
hcense-taxcs, no such tender should
be made hereafter until the de
cision of the Supreme Court has been
rendered upon the appeal from Judge
Bonds Judgment Where persons can
not be controlled by Mr.. Royal or his
agents, and tender coupons pending
the appeal, they will not be supported
or defended by him. 1t is also under
stood that no suits for damages against
officials for arrests heretofore made are
10 be instituted pending the said appeal.
scoPK or THE UNDERSTANDING.
This understanding only applies to
cases which come within the principles
involved in the hd6oaS-coypus appeal,
and will be ruled by the decision Of the
Supreme Court thereon.
RARRATRy, CHAMPERTy, &C, &C.
The prosecution against Mr. Royal
and others under the champerty and
barratry acts, the suits for damages
brought by him against the grand jurors
and other officers. and the proceeding
for contempt of court in instituting the
suits against the grand jurors, &C.,
will proceed, as well as all the suits for
damages for levies made for real and
personal property taxes.
THE GOVERNOR.
This understanding was arrived at
after full consultation with the Cover
nor, and he fully concurred in the |
agreement.
THs REASONS FOR THE TRUCE.
The chief reason which induced this |
action ON the part of the State officials |
was to avoid forcible conflict of iuris-
aiction between the State courts and |
the subordinate Federal court.
To have instructed the officers of the
State to continue TO arrest persons
doing business without license after
tender of coupons would have been
futile. unless il was determined at the
same time to resist the jurisdiction as
sumed by Judge Bond and protect the
officers in refusing to obey his writs of
Aa6cas corpus.
This course would have involved the
courts in conflict which could only
end in force being used.
WHAT RESISTANCE WOULD MEAN.
For instance, as the Dispatch is in
formed, person is arrested and i'm
prisoned for doing business without
license after tender of coupons. A writ
Of h0beGS corpus is issued by Judge
Bond; the officer refuses to obey the
writ, and he is proceeded against for
contempt and an attachment is issued
against him. When the marshal comes
to make the arrest he (the marshaD is
imprisoned for contempt of the State
court, in which the prisoner is held for
trial, more force being used than the
marshal can command (both officers
having the power to summon the posse
coniitdttS). Thereupon the whole
power of the United States may, if ne
eessary, be invoked in aid of the exc
cution of the process of the Federal
rourts
1t is easy to see how such a conflict
a. this wonld end
A SUGGESTION.
1t has, however, been suggested that
when the proper authorities are applied
10 for aid to enforce the execution OF the
process they will inquire into the
case and ascertain whether the court
has erred; but. on the other hand, it is ..
answered that the Executive department
of the United States Government would
not attempt such an inquiry when
there existed peaceable and order
ly way of settling the question
by appeal to the Supreme Court.
ANOTHER REASON FOR THIS COURSE. /,
Another, but not the controlling, 7
reason for this course was the fact that !
there is no way provided by law for the |
to the officers of the costs and
expenses which they would incur in /
either obeying or resisting the writs. i
UNITED STATES SUPREME COURT f
II is believed that a decision may be
from the Supreme Court 1
during the month of March. }
Attorney General Ayers and Mr.. {
Royal have united in a request to the /
court, through Chief-Justice Waite, to !
hear the appeal upon the earliest day S
that can be fixed by the court. t
= The important bearing of the case 4
npon the peace and good order of the Il
State, and the imminent danger of Il
Iorcible conflict of jurisdiction between e
The State courts and the United States "
Court, coupled with the attitude of II
Judge Bond toward the decision of the t.
supreme Court of Appeals of Virginia v
IN the Jones case, are the principal rea- /
IONS assigned for a speedy decision of Is
the appeal by the Supreme Court of
he United States.
Mr.. RoYALL TO BE TRIED. n
Mr.. Royal will he tried for prac- S,
icing law without license after tender 81
81 coupons, and under authority of the il
,ase of the Commonwealth as. Jones %
il would SEEM will certainly be con- 4.
Sicted. He viii then prosecute an APP k
peal TO the Supreme Court Of the C
United States at once, so as to present e
he question by appeal through the
state conrts the same way Royal Us. O,
Virginia was decided, as we'll as by the j
appeal in ha6eGs-corD,ts cases. T
Other Coupon Matters. N
II is expected that steps viii be taken L
II the meeting of the Hastings Court f
tomorrow either to punish Mr.. Royal I
Ior contempt Of court Tin bringing suit o
against the Hastings Court grand jury
sbich indicted him for barratry) or TO
ndict him for intimidating and inter
Iering with the grand jurors. II
rHE EVIDENTLY BOARD AND THE LEGIs- -
LATCRR. :,